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HomeMy WebLinkAbout160223BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland February 23, 2016 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 10:08 a.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr and LeRoy E. Myers, Jr. APPROVAL OF MINUTES — FEBRUARY 9, 2016 Commissioner Barr, seconded by Myers, moved to approve the minutes of February 9, 2016. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline thanked the Clear Spring High School Future Farmers of America (FFA) for sponsoring the morning breakfast with the Commissioners. He reported attending the Smithsburg and Long Meadow volunteer fire company banquets. Commissioner Myers thanked the FFA students and teachers for the morning breakfast. He noted that approximately 500 students are enrolled in the program in Washington County. Mr. Myers praised County lobbyist Bruce Bereano's efforts regarding the Commissioners' legislative issues and for advising them of potential items that may affect the County. Commissioner Cline noted that Mr. Bereano is also assisting individuals testifying on behalf of County initiatives. Commissioner Barr reiterated the comments of Commissioner Myers regarding the FFA breakfast and lobbyist Bruce Bereano. He attended meetings in Annapolis last week on behalf of the Maryland Association of Counties (MACo) and the Governor's Ball. Commissioner Baker thanked Agriculture Marketing Specialist Leslie Hart and FFA instructors Mr. Kline and Mr. Repp at Clear Spring High School for the morning breakfast and program. He reported attending the Smithsburg Community Volunteer Fire Company banquet and thanked all fire and rescue volunteers for their service. JAMES H. MATHENY AND ELLEN I. MATHENY RURAL LEGACY PROGRAM EASEMENT PROPOSAL Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the James H. Matheny and Ellen L Matheny Rural Legacy Program (RLP) Easement Project of $144,900 for 49.3 easement acres located on the south side of Spielman Road, February 23, 2016 Page 2 Fairplay, in the Rural Legacy area. Mr. Boggs described the three tracts of land to be protected by the easement purchase. The County has been awarded $17 million since 1998 to preserve land in the Rural Legacy area. RLP funds are 100% State funds. Commissioner Myers, seconded by Cline, moved to approve the James H. Matheny and Ellen L Matheny Rural Legacy Program Easement Project of $144,900 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2016-03 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) REPORTS FROM COUNTY STAFF Division of Emergency Services Dave Hays, Director, Division of Emergency Services, requested a letter of support/recommendation from the Commissioners to be forwarded to Governor Hogan recommending that Charles Summers be appointed the Director of Emergency Management for Washington County. The Public Safety Article of the Maryland Code allows the Governor to appoint a director of emergency management for each local jurisdiction for emergency management. Mr. Summers is the County's Director of Emergency Management. The Commissioners discussed the request. Commissioner Barr, seconded by Cline, moved to approve President Baker signing a letter of recommendation on behalf of the County Commissioners to Governor Hogan recommending that Charles Summers be appointed the Director of Emergency Management for Washington County. The motion passed unanimously. CONTRACT AWARD — OXIDATION DITCH AND BIOMAG EQUIPMENT FOR THE DEPARTMENT OF WATER QUALITY Karen Luther, Purchasing Director, and Mark Bradshaw, Deputy Director, Water Quality, recommended award of a sole source contract for the procurement of oxidation ditch equipment totaling $1,787,260 from Ovivo USA, LLC of Salt Lake City, Utah, pursuant to Proposal No. 2-05-0082 REV1 dated January 29, 2016, and to award a sole source contract for the procurement of BioMag equipment totaling $3,085,800 from EWT Holdings III Corp/Evoqua Water Technologies, LLC of Lowell, Massachusetts, per Quotation No. 45550 Rev 2 dated February 1, 2016, contingent upon the review and approval of the contract documents by the County Attorney. Ms. Luther indicated that a sole source procurement is authorized and permissible when only one source exists that meets the County's requirements and the compatibility of equipment, accessories or replacement parts is the paramount consideration. Four County Commissioners are required to approve a procurement using the sole source process. Mr. Bradshaw described the BioMag technology recommended for upgrades to the Conococheague Wastewater Treatment Plant (WwTP) that is a new technology only manufactured by Evoqua Water Technologies, LLC. This technology was pilot -tested at February 23, 2016 Page 3 the Winebrenner WwTP and proved to be an effective technology for nitrogen treatment. Therefore, the County's consultant has included the BioMag technology as a key component of the Enhanced Nutrient Removal (ENR) upgrade for the Conococheague WwTP. There is no other comparable product available on the market, which makes Evoqua Water Technologies, LLC the sole source provider. The Commissioners discussed the technology with Mr. Bradshaw. He noted that the project is eligible for reimbursement at the rate of 60% through Maryland Department of the Environment grants. Commissioner Barr, seconded by Myers, moved to award a sole source contract for the procurement of oxidation ditch equipment totaling $1,787,260 from Ovivo USA, LLC of Salt Lake City, Utah, pursuant to Proposal No. 2-05-0082 REV1 dated January 29, 2016, and to award a sole source contract for the procurement of BioMag equipment totaling $3,085,800 from EWT Holdings III Corp/Evoqua Water Technologies, LLC of Lowell, Massachusetts, per Quotation No. 45550 Rev 2 dated February 1, 2016, contingent upon the review and approval of all contract documents by the County Attorney. The motion passed unanimously. BUDGET TRANSFER — TRANSFER STATION SAFETY UPGRADES Dave Mason, Deputy Director, Solid Waste and Watershed Programs, requested a budget transfer of $81,400 from the Close-out Cap Rubblefill project to the Transfer Station Safety Upgrades project. Mr. Mason indicated that a December 2015 Maryland Occupational Safety and Health inspection of the Kaetzel Road Transfer Station recommended the placement of a minimal guardrail around the residential drop-off areas to protect citizens. Similar guardrails are needed at the other County -owned transfer stations. The cost includes the installation of approximately 1,000 feet of cable guardrail and pavement restoration at the four transfer stations. Funding will be provided from previously approved funds for the Close-out Cap of the Rubble Landfill. These funds will be replaced in Fiscal Year 2021, which is the anticipated start date of the Close-out Cap Rubblefill project. Commissioner Myers, seconded by Cline, moved to approve a budget transfer of $81,400 from the Close -Out Cap Rubblefill project to the Transfer Station Safety Upgrades project as presented. The motion passed unanimously. HAGERSTOWN/EASTERN PANHANDLE METROPOLITAN PLANNING ORGANIZATION BUDGET AMENDMENT REQUEST Matt Mullenax, Executive Director, Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO) and Jill Baker, Chief Planner, Planning and Zoning, requested approval of a $45,959 budget amendment for additional funding received from the Federal Highway Administration and Federal Transit Authority. Ms. Baker described the yearly funding provided for planning -related activities for transportation -related issues. Each respective state filters money to regional authorities known as Metropolitan Planning Organizations to carry out planning activities in accordance with federal regulations. Washington County acts as the cognizant agency for the HEPMPO. He advised that February 23, 2016 Page 4 additional funding through federal and State grants has become available in West Virginia since adoption of the FY 2016 HEPMPO budget. There are no Washington County funds included in this request. Mr. Mullenax indicated that the HEPMPO Interstate Council, the West Virginia Department of Transportation and the Eastern Panhandle regional Planning and Development Council have given their concurrence to the proposal. The Commissioners discussed the matter. Commissioner Barr, seconded by Cline, moved to approve a $45,959 budget amendment for additional funding received from the Federal Highway Administration and Federal Transit Authority as presented. The motion passed unanimously. CITIZENS' PARTICIPATION No citizens attending the meeting wished to participate. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Myers, moved to convene in closed session at 11:20 a.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; and any other personnel matter that affects one of more specific individuals; to consult with counsel to obtain legal advice on a legal matter; and to consider a matter that concerns the proposal for a business or industrial organization to locate, expand or remain in the State, in accordance with Section 3-305(b) (1), (4), and (7) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment/reappointment of two specific individuals to board positions over which the Commissioners have appointment authority; discussed the potential appointment of a specific individual to authority board position over which the Commissioners have appointment authority; discussed legal issues relating to an existing contractual matter with counsel and staff, and discussed the specifics of a business entity's proposal to continue its business operations in the County. During closed session, the Commissioners instructed staff to bring forth the potential appointment and reappointment to board positions over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting; instructed staff to bring forth the potential appointment to an authority board position over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting; provided staff with specific direction relating to the issues relating to a contractual matter, and instructed staff to continue to work closely with the local company regarding its proposal to continue its business operations in the County. February 23, 2016 Page 5 Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline and John F. Barr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and at various times Kendall McPeak, Assistant County Attorney, Corinne Guglielmini, Executive Director, and Richard Keesecker, Board Chair, Housing Authority; Angela Smith, Deputy Director, Plan Review; Kassie Lewis, Director, Department of Business Development; Heather Graham, Maryland Department of Commerce; Andrew Sargent, Senior Business Development Representative, Western Region, Maryland Department of Commerce; and four representative of a local business entity. ADJOURNMENT The meeting adjourned at 1:30 p.m. Gregory B. Murray, County Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk